Parole of Spouses, Children and Parents of Active Duty and Former Members of the U.S. Armed Forces and the Selected Reserve of the Ready Reserve

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In November 2013, USCIS issued a policy memorandum regarding the parole of spouses, children and parents of Active Duty and Former Members of the U.S. Armed Forces and the Selected Reserve of the Ready Reserve. INA § 212(d)(5)(A) gives the authority to “parole” an alien for “urgent humanitarian reasons or significant public benefit.” Parole for those aliens who are already physically present in the U.S. without inspection or admission is sometimes called “parole in place.” It is the parole in place of the spouses, children and parents of Active Duty and Former Members of the U.S. Armed Forces and the Selected Reserve of the Ready Reserve that is provided for in the USCIS November 2013 memo.

Who qualifies?

Spouses, children and parents of Active Duty Members of the U.S. Armed Forces, the Selected Reserve of the Ready Reserve, and Former Members of the U.S. Armed Forces or Selected Reserve of the Ready Reserve.

How will my client benefit from parole?

During any period of parole your client will be able to live and work legally in the U.S. Your client will not have to fear being removed from the U.S. Your client will be able to obtain a work permit, a social security number, a license, and to be able to travel outside of the U.S. with permission. Parole is authorized for one year with extensions granted in one year increments.

How do I apply on behalf of my client?

Fill out forms G-28 Notice of Entry of Appearance as Attorney or Accredited Representative and I-131 Application for Travel Document and submit along with:

- Two identical, color, passport style photographs of the applicant (your client);

- Evidence of the family relationship between the applicant and the military or former military personnel for example, a marriage certificate or birth certificate as applicable;

- Evidence that your client’s family member is an Active Duty member of the U.S. Armed Forces, in the Selected Reserve of the Ready Reserve or proof that the family member previously served in the U.S. Armed Forces or the Selected Reserve of the Ready Reserve such as a photocopy of both the front and back of the service member’s military identification card (DD Form 1173); and

- Evidence of any additional favorable discretionary factors that the applicant wishes to have considered like letters of reference, proof of educational or professional accomplishments, or community service.

After the grant of parole, can my client apply for lawful permanent residency?

Your client may be able to apply for lawful permanent residency.

INA § 212(a)(6)(A)(i) contains two closely related inadmissibility grounds. The first inadmissibility ground in section 212(a)(6)(A)(i) relates to an alien who is “present in the United States without being admitted or paroled.” This inadmissibility ground generally covers those who are in the United States and entered without inspection. The second ground relates to an alien “who arrives in the United States at any time or place other than as designated by the [Secretary of Homeland Security].” Together the two grounds of inadmissibility in INA § 212(a)(6)(A)(i) are designed to cover those aliens who have already achieved entry into the United States without inspection and those who are in the process of attempting such entry into the United States.

As covered by the USCIS November 2013 memo, after the grant of parole your client will no longer be inadmissible under either ground of INA § 212(a)(6)(A)(i). Your client will NOT be inadmissible under the first ground in section 212(a)(6)(A)(i) (present without having been admitted or paroled), because obviously after the grant of parole your client has in fact been paroled. And since your client is in the United States, the second inadmissibility ground in section 212(a)(6)(A)(i) is already inapplicable (even without the parole), because your client is not one who “arrives” (present tense) at an undesignated time or place, s/he could only have arrived in the past.

For a client who entered without inspection, the grant of parole will affect at least two of the eligibility requirements for adjustment of status. First, adjustment of status requires that the person be “admissible.” INA § 245(a)(2). As discussed above, parole eliminates one ground of inadmissibility, section 212(a)(6)(A)(i) (and the second ground in that section is inapplicable as covered above). Second, adjustment of status requires that the alien have been “inspected and admitted or paroled.” INA § 245(a). The grant of parole obviously meets that requirement as well. Your client must still, however, satisfy all the other requirements for adjustment of status. If your client satisfies all of the other requirements for lawful permanent residency, you will be able to apply for adjustment of status for your client upon receipt of the parole in place.

As a final note to practitioners, remember that you can present this as an option to families with a relative who would otherwise be without options if they meet the above requirements. For some, joining the armed forces or the ready reserve is a small sacrifice to providing their family members with lawful status in the U.S. This option may also preferable to clients since they may be able to adjust status in the United States rather than leave the U.S. to consular process.

Reprinted with permission.


About The Author

Kaushik Ranchod

Kaushik Ranchod has spoken at conferences and the radio (KPFA, F.M.) advising small to fortune 500 companies and individuals on the latest developments in immigration law. Mr. Ranchod has lectured on Alternatives to the H-1B visa, I-9 Verification, E-Verify, and Social Security Mismatch Letters at The National Summit on Employment Law and Compliance, and at the HRStar conferences in Los Angeles. Mr. Ranchod was admitted to practice before the California Supreme Court in 1998.
He was a delegation member of the American Immigration Law Foundation (AILF) for San Francisco and is a member of the American Immigration Lawyer's Association (AILA). Mr. Ranchod served on the Board of Directors for the South Asian Bar Association in Northern California. Kaushik Ranchod is also a member of the foreign medical graduate task force, which is an association that advocates for advantageous health care immigration legislation.
Attorney Ranchod graduated from University of Southern California as valedictorian of his major (first in his class) and was added to the Trojan Wall of Fame. He obtained his Juris Doctor from University of California, Hastings, in San Francisco.


The opinions expressed in this article do not necessarily reflect the opinion of ILW.COM.